Initiative Group Statement

The 1995 Constitution of Kazakhstan concentrates the enormous and unlimited power in the hands of President Nursultan Nazarbayev without holding him responsible for any of his actions. It greatly limits Parliament's powers, precludes it from performing supervising functions and deprives it of any real leverage with the executive branch. The Constitution has annulled the mechanism of checks and balances of the branches and abolished the Constitutional Court.

The current Constitution of Kazakhstan declares itself to be a direct action constitution only on paper. It possesses lots of provisions that do not ensure and guarantee in full the respect for the fundamental human rights and freedoms. This is not the constitution of a legal state, since it does not provide for the real rule of law, nor it outlines any clear mechanisms of public control over the authority. It does not meet the interests of Kazakh society and incorporates lots of contradictions. The 1995 Constitution has failed to lay a solid foundation the for rule of law in our state.

As a result, there is no fair elections in Kazakhstan, removable authorities, real division and balance of powers, independent courts, local self-government nor elected local authorities. Restricted are the freedom to access and impart information, freedom of assembly, freedom of association and other indispensable elements of any democratic state. The overconcentration of power in the presidency goes against all the internationally accepted democratic principles and standards. All this significantly inhibits national political development, limits the possibilities for free operation of market economy, and leads to serious flaws in social welfare system.

In fact, the Constitution of Kazakhstan has become the reason behind the deepening political crisis connected with pervasive corruption in the executive branch, the lack of an efficient judicial system and rule of law. This makes the issue of Kazakh constitutional reform a pressing one.

The multiple attempts of citizens, political parties, movements, non-government and human rights organizations in Kazakhstan to defend their civil rights and overcome increasing constitutional crisis encounter repression and restrictions, voluntary interpretation of the Constitution and laws by judicial authorities, that show in practice the overall ignorance of the spirit and letter of the principles of justice. So many Kazakhstani citizens face serious problems but fail to actualize their inherent human rights and civil liberties. Moreover, Kazakhstan is not the Council of Europe member and is out of jurisdiction of the European Human Rights Court in Strassburg.

As a result, several non-government organizations and the citizens of the Republic of Kazakhstan have been undertaking conjoint actions to support constitutional reform in Kazakhstan. The Initiative Group comprises the authors of the Republic of Kazakhstan Constitution Alternative Draft: Evgeni Zhovtis, Director of Kazakhstan International Human Rights Bureau, and Nurbulat Masanov, President of Kazakhstan Political Science Association, as well as the well-known public figures: G.Ergalieva, G.Zhakiyanov, A.Kosanov, P.Svoik, B.Tursumbaev, Journalists S.Duvanov, E.Bapi and others.

The Initiative Group hopes for the support of Kazakhstani democratic public in removing the deficiencies of the working Constitution, tuning it to democratic standards and norms. The Initiative Group will actualize and lobby the problem of constitutional reform through public events in the face of the representative authorities.

To work on the Republic of Kazakhstan Constitution improvement, the Initiative Group will engage experienced constitutional legalists, academic institutes, local and foreign experts and will use the experience of democratic countries. The Initiative Group will also seek the support of international community, international organizations and foundations, special institutions which goal is the advance of democracy and human rights in the world.

Almaty, March 19, 2002